Pre-Move-Out Inspections & Photo Documentation — Protecting Your Right to Deductions
California landlords are required to offer tenants an initial inspection (aka pre-move-out inspection) before the end of a tenancy. With the passage of AB 2801, the inspection process now plays an even greater role in protecting your ability to lawfully deduct from a security deposit. While the law still allows landlords to claim necessary costs, the timing and documentation of those claims has become more important than ever.
This article explains how to conduct a compliant initial inspection, what forms to use, and how the new law affects your legal rights.
What Is an Initial Inspection?
Under Civil Code § 1950.5(f), a landlord must offer tenants an initial inspection no earlier than two weeks before the tenancy ends. The purpose of this walkthrough is to identify any issues that could lead to a deduction from the security deposit, and to give the tenant a chance to fix those issues before moving out.
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Use the Notice of Right to Initial Inspection form to make the offer in writing.
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If the tenant accepts, schedule the walkthrough at a mutually agreed time, or provide 48 hours’ written notice.
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Bring the Pre-Inspection Walkthrough form with you to document the conditions observed.
If the tenant declines or does not respond, you are not required to conduct the inspection, but you should keep a copy of the offer and note the outcome in your file.
No Inspection Required After a 3-Day Notice to Pay or Quit
The requirement to offer a pre-move-out inspection does not apply if a tenant vacates in response to a 3-Day Notice to Pay Rent or Quit. Since this type of notice is a conditional warning, not a scheduled or mutually agreed-upon end of tenancy, it falls outside the scope of Civil Code § 1950.5(f). In such cases, landlords should still conduct a standard move-out inspection and comply with AB 2801’s photo documentation requirements, but a pre-move-out offer is not required.
Providing the Results of the Initial Inspection
If the tenant accepts your offer, you are required to provide a written list of visible deficiencies, such as cleaning or repairs, that may lead to deductions if not corrected. This list must be provided immediately after the walkthrough, either by handing it to the tenant or leaving it in the unit.
BPOA members should use the Pre-Inspection Walkthrough form to meet this requirement. This form:
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Provides space to list cleaning and repair issues observed during the walkthrough
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Includes the Civil Code text required by law
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Satisfies the landlord’s obligation to provide written notice of proposed deductions
This list is not the final itemized deduction; it is a courtesy notice intended to give the tenant time to correct issues before move-out. If the tenant successfully remedies any listed issue, the landlord may not deduct for it.
A Critical Legal Change: What You List Now Matters Later
As of 2025, Civil Code § 1950.5(f)(4) significantly limits a landlord’s ability to claim deductions after conducting an initial inspection. If the inspection takes place and the unit is clear of tenant belongings that would block visibility, the landlord may not later claim deductions for items not included in the initial inspection report.
This means:
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If the unit is accessible and uncluttered, and you miss something during the walkthrough, you may lose the ability to deduct for it later.
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Exceptions include damage that occurs after the inspection but before move-out, or any issue that could not be seen due to tenant possessions at the time.
For this reason, it is crucial that the Pre-Inspection Walkthrough form is completed carefully and thoroughly. Your right to recover costs may depend on what you do, or do not, document during this visit.
Photographic Documentation Comes Later
A common misconception is that photos must be taken during the initial inspection. This is not the case. AB 2801 does not require photos during the initial walkthrough, and in fact, most units will still be furnished or occupied at that point.
Photo documentation is required later, once the tenant has vacated, if you intend to deduct from the security deposit. Specifically:
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April 1, 2025: You must take time-stamped photos at move-out before any work is done if you plan to make deductions.
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July 1, 2025: You must also take photos at move-in and after cleaning or repairs are completed.
The initial inspection is about giving the tenant a fair chance to correct visible issues. Save your camera for the final stage.
Protecting Your Right to Deduct Lawfully
When done properly, the initial inspection is your first opportunity to protect your legal right to retain a portion of the deposit. It builds a clear record of what the tenant was told, and gives them a chance to fix issues in good faith.
Combine this with the required photo documentation at move-out, and you have a solid foundation for defending any future claim.
BPOA Member Resources
Available in the BPOA Forms Library:
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Move-In/Move-Out Inspection Checklist (for use at move-in and final inspection only)
Use the right form at the right stage of the process and document everything as clearly and consistently as possible.